AppealGap® Contingency Insurance

Ambridge's AppealGap® Contingency Insurance product can be used to protect an insured against the financial impact of a verdict, judgment, arbitration award or agency determination favorable to the insured in arbitration, litigation or other proceeding being reversed on appeal.

We offer two types of AppealGap® policies:






Our "offensive" AppealGap® policy is designed to respond to situations where the insured is the plaintiff in the litigation or other proceeding and seeks protection against the damages or other amounts awarded to them being reduced or reversed on appeal of a verdict, judgment, arbitration award or agency determination.

Our "defensive" AppealGap® policy is designed to respond to situations where the insured is the defendant in the litigation or other proceeding and seeks protection against the reversal of a decision in its favor (i.e. a finding of no liability) on appeal of the verdict, judgment, arbitration award or agency determination.


Recognizing that the requirements and concerns of each potential insured vary, the scope and definition of "Loss" can be flexibly tailored and extended to address specific concerns. Some examples of this include:























serving to remove a "deal blocker" to completion of a merger, acquisition, restructuring, liquidation, licensing agreement, or other business transaction where concerns over the impact of an appeal either prevent consummation of the transaction or cause an unacceptable discount in the transaction consideration; providing an insured with immediate liquidity in situations where a lender is willing to use the proceeds of the policy as security in the event of an adverse outcome on appeal;

removal of a balance sheet provision in situations where an insured's independent accountants are satisfied that AppealGap® Contingency Insurance adequately eliminates or reduces the need for a financial balance sheet provision or reserve. Recognizing that the requirements and concerns of each potential insured vary the scope and definition of "Loss" can be flexibly tailored and extended to address specific concerns;

Judicial or Administrative Delay Coverage which extends the policy to respond to the financial impact of a judicial or administrative delay in an insured appeal beyond the time period reasonably expected;

Lender Protection Coverage which extends the policy to respond to the financial impact to one or more lenders to an insured in the event that the borrower does not prevail on the insured appeal;

Investor Protection Extension which extends coverage to respond to the impact on the value or recoverability of an investment in an entity that is involved in litigation if the investee company does not prevail in the insured appeal; and

Third Party Protection Extension which provides coverage to respond to the concerns of an entity that is not a party to the appeal in question, but nonetheless may suffer negative financial consequences as a result of new case law or legal precedent set by the negative outcome of such appeal.

Of course, a combination of one or more of the coverage extensions discussed above is possible.